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estate. Resolution of this issue turns upon these two subissues:
(1) Whether Rose B. Posner (decedent) possessed a general power
of appointment over the marital trust property in question under
section 2041; and (2) whether the duty of consistency requires
the estate to treat decedent as possessing a general power of
appointment under section 2041.1 Finally, if we determine that
the estate is entitled to a refund of an estate tax overpayment,
we must decide whether this Court has jurisdiction at this
juncture to award interest on the overpayment.
FINDINGS OF FACT
The parties have stipulated most of the facts, which we
incorporate along with the associated exhibits into our findings
of fact. On October 28, 1996, decedent died in Baltimore County,
Maryland. When the petition was filed, David B. Posner (David),
the personal representative of the estate, resided in
Reisterstown, Maryland.
Mr. Posner’s Will
Decedent was formerly married to Nathan Posner (Mr.
Posner). On April 21, 1975, Mr. Posner died. He was survived by
decedent and their three children, David, Judith Geduldig, and
Carol Jean Posner Gordon.
1 Unless otherwise indicated, all section references are to
the Internal Revenue Code as amended, and all Rule references are
to the Tax Court Rules of Practice and Procedure.
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